So- you have bought something online and after some weeks of anxiety the package finally shows up, only to find the item damaged and not working...
What can you do? Well- honestly you cannot do much unless you have the resources and time to trace the item's journey all the way from the vendor to you, find the culprit and to compile the chain of evidence that leads to said culprit...
Even though the Consumer Protection gives buyers the right to inspect goods that they intend to buy the reality is that some defects do not show up with the inspection before buying, but reveal themselves after the sale has been concluded.
Here in South Africa consumer law is rather generous and you have a number of remedies and measures at your disposal with which to prevent or deal with hidden defects or undisclosed costs. It is true that a latent defect or hidden costs will get past one or more of these, but the layers of protection that a consumer enjoys under our law is well-developed and it helps to know how to use each one.
In the order of availability from before the sale is concluded up to when you have become aware of the defect or the undisclosed costs these forms of protection are:
1. Reading the contract and inspecting the goods: In some cases you won't have a physical item to inspect, but reading the fine print presented to you can save you a lot of trouble. Skip though all the nonsense and keep an eye out for clauses making provision for costs of which the amounts are not specified and waivers of liability.
2. The 5 day cooling off period: Yes. You have a time within which you can cancel any agreement that you have entered into without any required reason. The condition, though, is that you have not already used the item that you have bought.
3. Amicable Resolution: Many vendors do not want any bad relations with customers and in many cases you will find that they are indeed willing to take the item back and refund you or to at least provide you with an item that is in proper condition. Just take the time to speak to them.
4. Ombuds and Consumer Tribunal: In the case of motor vehicles we have the Motor Services Industry Ombud and similar ombuds actually exist in respect of a number of suppliers of goods and services. If a specific ombud does not exist in respect of the goods that you have bought you have the Consumer Tribunal at your disposal. These tribunals are more accessible than the Courts and also more informal.
5. Courts of Law: When all else fails we have the Courts. Sure- you can wander the passages yourself and get a confused look from the cleaner when you ask her who to see about suing somebody that sold you a broken air-fryer. You will do much better in this case, though, if you consult with a lawyer.
You have the rights. Just equip yourself to use them...
